Patna Court October 2010 Judgments
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Shri Upendra Nath Singh, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-28-2010
1. Four petitioners, who were at the relevant time Branch Manager, Dy. Branch Manager, Manager Recovery and Manager, P.D.L. in the Bihar State Financial Corporation, Patna , have approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure with a prayer to quash the entire criminal proceeding in Complaint Case No.C.A.No.603 of 1998 including an order dated 3.11.1998 passed by the learned Judicial Magistrate, Patna City in Complaint Case No.603 of 1998. By order dated 3.11.1998, the learned Magistrate has taken cognizance of offences under Sections 420, 406,120B of the Indian Penal Code2. Short fact of the case is that Opp.Party no.2 claiming to be proprietor of "Executors and Traders" filed a complaint in the court of Addl.Chief Judicial Magistrate, Patna City, which was numbered as Complaint Case No.603 of 1998 against aforesaid four petitioners on an allegation of commission of offences under Section 420, 406 and 120B of the Indi...
Birendra Kumar SinhA. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Oct-28-2010
1. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure , have prayed for quashing of the complaint filed by Opp.Party no.2 vide Complaint Case No.1021 ( C) of 1998 and also for quashing of an order dated 25.9.1998 passed by Sri Ravindra Patwari, learned Judicial Magistrate, 1st Class, Patna. By the said order, the learned Magistrate has taken cognizance of offences under Sections 418,465 and 467 of the Indian Penal Code and directed for summoning the petitioners.2. Short fact of the case is that Opp.Party no.2 filed a complaint in the court of learned Chief Judicial Magistrate, Patna, which was numbered as Complaint Case No.1021 (C) of 1998 against four accused persons which include the petitioners, M/S Veena Theatre and Smt. Sona Devi. The complainant alleged that accused had committed offence under Sections 465, 468,469, 470, 471, 120B of the Indian Penal Code. It was disclosed in the complaint petition that the comp...
Raja Ram Rai, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-28-2010
1. Six petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 2.2.2007 passed by the learned Judicial Magistrate 1st Class, Vaishali at Hajipur in Complaint Case No.1603 of 2005, Tr.No.2109 of 2007. By the said order, learned Magistrate has taken cognizance of offences under sections 420,466 and 471 of the Indian Penal Code and summoned the petitioners to face trial.2. Short fact of the case is that Opp.Party no.2 on 27.3.1999 filed a complaint in the court of learned Chief Judicial Magistrate, Hajipur at Vaishali, which was numbered as G 459 of 1999. The complaint was subsequently referred to the police for its registration and investigation under Section 156 (3) of the Code of Criminal Procedure and, as such, an F.I.R. vide Mahua P.S. Case No.56 of 2000 was registered on 5.4.2000 for the offences under Section 420,464, 466 and 120B of the Indian Penal Code against all the petition...
Kamlesh Dutt Mishra, and anr. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-27-2010
1. Two petitioners, who were at the relevant time Branch Manager, State Bank of India, Sitalpur, Manapur Dighwara, Saran and Area Development Officer, State Bank of India respectively have approached this Court by filing the present petition under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 21.4.2001 passed by Shri R.K. Singh, Judicial Magistrate, Ist Class, Chapra in Complaint Case No.2204 of 2000, Tr. No.786 of 2002. By the said order, learned Magistrate has taken cognizance of offence under Sections 406 and 120(B) of the Indian Penal code in Complaint Case No.2204 of 2000, T.R. No.786 of 2002.2. Short fact of the case is that the opposite party no.2 had approached the Bank for sanctioning loan for purchase of a Tractor. It was alleged that all formalities were already completed by the Bank official and thereafter, the Bank official demanded ten thousand rupees as illegal gratification. Since the demand was not fulfilled at subsequent stage, th...
Shyam Kumar. Vs. State of Bihar, and ors.
Court: Patna
Decided on: Oct-27-2010
1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of two orders i.e. order dated 13.3.2000 passed by Sub Divisional Judicial Magistrate, West Muzaffarpur as well as order dated 5.2.2002 passed by Sub Divisional Judicial Magistrate, West Muzaffarpur in Saraiya P.S. Case No.11 of 1997. By both the orders, prayer of petitioner for being substituted as complainant was rejected.2. Short fact of the case is that in the year 1996, a complaint was filed by one Urmila Devi, which was numbered as Complaint Case No.1166 of 1996. Subsequently, the learned Magistrate, under Section 156(3) of the Code of Criminal Procedure, referred the complaint to the police for its institution and investigation. Thereafter, an F.I.R. vide Saraiya P.S. Case No.11 of 1997 was registered. In the meanwhile, a protest petition was filed on behalf of Urmila Devi. After investigation, police submitted final report. Agai...
Ramadhar Sharma Bajpayee. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-26-2010
1. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 19.2.1999 passed by taught Chief Judicial Magistrate, Saharsa in Complaint Case No.60 of 1999. By the said order, the learned Chief Judicial Magistrate has taken cognizance of offences under Sections 504,323,342, 386 of the Indian Penal Code and Sections 3(iii) and 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as "SC/ST Act").2. Short fact of the case is that Opp.Party no.2, who was at the relevant time posted as Amin under petitioner no.1 (Dy. Collector, Saharsa) filed a complaint in the court of learned Chief Judicial Magistrate, Saharsa , which was numbered as Complaint Case No.60 of 1999 arraying the petitioners as accused for the offences under Sections 304, 504, 323, 342,149,386 of the Indian Penal Code and Sections 3(iii) and 3(x) of the SC/ST Act...
Ram Chandra Sharma, and ors. Vs. State of Bihar.
Court: Patna
Decided on: Oct-26-2010
1. Four petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 4.2.1998 passed by Sri A.K.Verma, Special Judge, Madhubani in Madhubani Town P.S. Case No.78 of 1991, G.R.No.398/91. By the said order, learned Special Judge has taken cognizance of offence under Section 7 of the Essential Commodities Act for violation of Bihar Motor Spirit and High Speed Diesel Oil Dealers' Licensing Order, 1966 (herein after referred to as "the Licensing Order") against petitioner no.1 Ram Chandra Sharma. Petitioners have also prayed for quashing of the order issuing processes against all the petitioners.2. Short fact of the case is that on information, the Officer Incharge, i.e. Sub Inspector of Police conducted a raid in the motor garage of petitioner no.1 and seized three drums of diesel, total measuring 660 liters of diesel. After preparing seizure list, an F.I.R. vides Madhubani Town P.S. Case No....
Vijay Tantee, and ors. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-26-2010
1. Six petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 25.3.2006 passed by the Judicial Magistrate, Ist Class, Biharsharif (Nalanda) in Complaint Case No.1323c of 2005. By the said order, learned Magistrate has taken cognizance of offence under Sections 323 and 380/34 of the Indian Penal Code and summoned the petitioners to face trial.2. Short fact of the case is that the opposite party no.2, who is father-in-law of petitioner no.3, namely, Sobha Devi, filed a complaint in the court of Chief Judicial Magistrate, Nalanda, which was numbered as Complaint Case No.1323c of 2005, alleging commission of offences against all the petitioners under Sections 323, 354, 380, 452 and 34 of the Indian Penal Code. It was alleged in the complaint petition that all the accused persons had assaulted the complainant and thereafter, forcibly they had taken away household articles of the complain...
U.K.Goel. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-26-2010
1. Five petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of entire criminal proceeding including the order dated 6.9.1996 passed by Sri B.K.Sinha, Judicial Magistrate, 1st Class, and Gaya in Complaint Case No.250 of 1995. By the said order, learned Magistrate has taken cognizance of offences under Sections 406, 403 and 420 of the Indian Penal Code.2. Short fact of the case is that Opp.Party no.2 filed a complaint in the court of learned Chief Judicial Magistrate, Gaya vide Complaint Case No.250 of 1995 for the offences under Sections 406,403,379,411,424,426,485,467, 468 and 420 of the Indian Penal Code against altogether seven persons including aforesaid five petitioners. It has been alleged in the complaint petition that the complainant had purchased a truck, bearing Registration No.BR-02A/9534 on hire purchase basis. The complainant was to pay the total amount of Rs.4,79,733/- and out of that...
Vijay Shankar. Vs. State of Bihar, and anr.
Court: Patna
Decided on: Oct-26-2010
1. Seven petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 21.7.2006 passed by taught Chief Judicial Magistrate, Patna in Kadam Kuan P.S. Case No.745 of 2005. By the said order, learned Chief Judicial Magistrate, Patna has taken cognizance of offences under Sections 148,149,323,379,427,452 and 504 of the Indian Penal Code while differing with the police report. 2. Short fact of the case is that on the basis of written complaint submitted by Opp.Party no.2 , an F.I.R. vide Kadam Kuan P.S. Case No.745 of 2005 was registered . It was claimed by the informant that he was Secretary of Bihar Rajya Arya Pratinidhi Sabha, Patna, the State Unit of the Arya Samaj (hereinafter referred to as "the Pratinidhi Sabha") and on 12.9.2005 the petitioners along with 70-75 unknown persons stormed the office of the Pratinidhi Sabha. At the time of occurrence, accused persons also opened fire. They ...
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